Summary: We cannot investigate this complaint about the Council failing to provide documentation of works done to a property it used to own. This is because it relates to the Council’s actions as a social landlord which is outside of the Ombudsman’s jurisdiction.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council has failed to provide records of works done in 2009 to his property, which he bought from it in 2014. He believes the works were not done to an appropriate standard.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
4. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. In 2009, the Council carried out repair works to a number of properties it owned. Mr X bought one of them under the Right to Buy scheme in 2014. The house is of non-standard construction.
8. He now wants to sell his property and requested the Council to provide paperwork proving these works were completed in line with the specifications applicable to such properties. He says the Council’s inability to provide such documentation impacts his ability to sell.
9. The Council said it does not have any documentation and directed him to contact his legal representative, as it should have been required by them when buying the property.
10. By law, we cannot investigate this complaint. This is because housing repairs and related record keeping are part of the Council’s function as a social landlord. As such, they fall outside of our jurisdiction and we cannot consider them.

Back to top

Final decision

11. We cannot investigate Mr X’s complaint because it concerns the actions of the Council when it was acting as a social housing landlord.

Back to top

Investigator's decision on behalf of the Ombudsman